§ 18.116.081. Administrative penalty for failure to obtain permit.

A.

An administrative penalty in the amount of three hundred dollars shall be imposed, pursuant to Government Code Section 53069.4 and this section, upon anyone who erects or allows to be erected any sign listed in Section 18.116.030 without first obtaining a permit.

B.

The property owner and the owner of the sign, if different, shall receive a notice of nuisance by certified mail pursuant to Section 1.20.040. The notice shall state that unless an application for a permit is on file with the planning, building and environmental services department and all readable copy of the sign has been covered from view or the sign is removed within ten days of the date of the letter, the penalty shall be imposed without further notice.

C.

Collection.

1.

If a permit application is on file and all copy has been covered within ten days of the date of the letter, no penalty will be imposed.

2.

If a permit application is not filed or all copy has not been covered within ten days of the date of the letter, the penalty will be imposed and collected at the time of payment of fees for a permit. No permit shall be issued until both the penalty and the permit fee are paid. Payment of the penalty shall not exempt any person from compliance with all other provisions of this code or any conditions imposed by the permit once granted.

3.

If a permit application is not filed within thirty days of the date of the letter, abatement proceedings will commence pursuant to Chapter 1.20 and an amount equal to the penalty will be added to the costs of abatement.

D.

Administrative Review.

1.

The sign owner or the property owner may object to the imposition of the penalty within ten days of notification of the violation. A hearing shall be scheduled before the zoning administrator or the board of supervisors, and the sign owner and property owner, if different, shall be notified by mail of the time, date and place of the hearing.

2.

If a permit application is on file the penalty hearing shall be consolidated with the application hearing.

3.

If no application is on file the penalty hearing will be combined with a cost abatement hearing pursuant to Section 1.20.100.

E.

Judicial Review.

1.

Within twenty days of final administrative review, a person contesting the penalty may file an appeal with the municipal court. A copy of the notice of appeal must be served on the planning department either in person or by first-class mail.

2.

The planning department's file shall be forwarded to the court within fifteen days of receipt of the court's request. A copy of the notice of violation and imposition of penalty letter shall be admitted as prima facie evidence of the facts therein.

3.

If the court finds in favor of the contestant, the planning department shall reimburse the cost of filing the notice of appeal as set out in Section 53069.4 of the California Government Code in addition to reimbursing the penalty in accordance with the judgment of the court.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1379, § 172, 1-29-2013)